Terrorism and Protection of Human Right

PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November
TERRORISM AND INSURGENCY IN INDIA 20, 2017
Contents
INTRODUCTION .......................................................................................................................... 2
THE NATURE OF HUMAN RIGHTS .......................................................................................... 3
International Human Rights Law ................................................................................................ 3
DEFINING TERRORISM .............................................................................................................. 4
Is a global definition necessary or desirable? ............................................................................. 5
What is a terrorist act? ................................................................................................................ 6
The impact of terrorism on human rights ............................................................................... 7
DIFFERENCE BETWEEN TERRORIST AND INSURGENT .................................................... 7
Terrorism and international humanitarian law ................................................................................ 9
Terrorism and international criminal law ....................................................................................... 9
Terrorism and international refugee law ......................................................................................... 9
The Protection of Human Rights while Countering Terrorism .................................................... 10
The central role of human rights and State obligations when countering terrorism ................. 10
CONSTITUTIONAL MANDATE OF BASIC RIGHTS............................................................. 11
HUMAN RIGHTS OF INNOCENT CITIZENS IN THE TERRORIST ACT ............................ 13
Human Rights : if fertile ground for breeding terrorism........................................................... 14
Democratic States, encounter terrorist affairs, to adhere to rule of law and respect basics you
cry human rights to deal with the menace of terrorist acts ....................................................... 14
IMPACT OF TERRORISM ON HUMAN RIGHTS ................................................................... 17
CONCLUSION ............................................................................................................................. 20
REFRENCES ................................................................................................................................ 21
1
INTRODUCTION
Terrorism and human rights are inter-related to each other because when one starts other
violates. Terrorism is a global concern today and in true sense it has relation with the almighty, I
have taken this topic only because I have been working on this topic since when I lost my near
ones in the terror attacks from 1993 Bombay, 2002 Gujarat, 2004 and 2006 in Mumbai and the
latest one in November 26 in different areas of Mumbai. Truly, this topic does not need a proper
introduction but what it needs is a proper and rigid full stop.
Terrorism itself is an attack on human rights. The direct linkage between terrorism and human
rights was first recognized by World Conference on Human Rights in Vienna,1993, of the
Vienna declaration and its programme of Action stipulates that acts, methods and practices of
terrorism in all its forms and manifestation as well as linking in some countries to drug
trafficking are activities aimed at the destruction of human rights.
Some vital question of ethics, human rights, and value by means of dialogue between law and
literature. Terror or terrorism has never been far from the consciousness of poetic culture since
French Revolution and philosophers such as Burke and Kant were grappling contemporaneously
with the curious compulsion towards terror of the modern age. Terrorism is a deliberate and
systematic murder, maiming and menacing of innocent to inspire fear for political ends.
Terrorism according to me is a product of fanatical violence perpetrated generally in order to

realize some political ends to which all humanitarian and ethical beliefs are sacrificed. It is a use
of force, threat, and a violence method to combat to achieve certain goals that is aim to induce a
state offear in the victim, that it is ruthless and against humanitarian norms and that publicity is
an essential factors in the terrorist strategy.
2
THE NATURE OF HUMAN RIGHTS

Human rights are generally defined as those rights which a person possesses by his simple
characteristic of being a human. Moreover, these are those rights which are available to a person
and protect his interests, freedom, dignity and other rights against the interference and excesses
of states and their agents. Major human rights corpus included civil, political, cultural, economic,
and social rights, and is universal in nature because these are available to all human beings 1. In
other words, human rights are inherent to all human beings, irrespective of nationality, race, sex
or any other distinction2.
International Human Rights Law

In a technical definition, International human rights law is a set of rules upon the basis of which
certain groups or individuals may seek protection from their respective governments 3. Universal
Declaration of Human Rights (UDHR), is considered fundamental human rights document and
binding on all states. International human rights law has been codified through major human
rights treaties and the remaining portion is available in customary international law. The most
important of these treaties are, International Covenant on Economic, Social and Cultural Rights;
and the International Covenant on Civil and Political Rights, and its two Optional Protocols;
International Convention on the Elimination of All Forms of Racial Discrimination; the
Convention on the Elimination of All Forms of Discrimination against Women, and its Optional
Protocol; the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment, and its Optional Protocol; the Convention on the Rights of the Child, and its two
Optional Protocols; and the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families. Two major human rights treaties has been
concluded recently, namely the International Convention for the Protection of All Persons from
Enforced Disappearance, and the Convention on the Rights of Persons with Disabilities and its
1
Office of the United Nations High Commissioner for Human Rights Human Rights, Terrorism and Counter-
terrorism Fact Sheet No. 32, http://www.ohchr.org/Documents/Publications/Factsheet32EN.pdf, accessed on 15-11-
2017.
2
http://www.ohchr.org/en/issues/Pages/WhatareHumanRights.aspx, accessed on 15-11-2017.
3
International Humanitarian Law and International Human Rights Law: Similarities and differences,
http://www.ehl.icrc.org/images/resources/pdf/ihl_and_ihrl.pdf, accessed on 15-11-2017
3
Optional Protocol, which were all adopted in December 2006. 4 Moreover, there are a number of
other human rights treaties as well which are being concluded with the passage of time, because
a large area of human rights till remains to be codified under the corpus of international human
rights law. Among these treaties, the part of Human rights which forms part of customary
international law is considered to be binding on all states, whereas as far as other human rights
treaties are concerned, only those states will be bound under those treaties which are party to it.
Mechanism is also provided under international human rights law to enforce the obligations of
states.5
DEFINING TERRORISM
Before going to determine the relation between terrorism and human rights, it seems necessary to
define the terrorism itself. As far as the terrorism bill is concerned, section 1 defines the term as:
any action designed to influence the policy of any government, anywhere in the world,
including by, for example, damage to property6. This Bill was published on 12 October 2005,
and before passing of the Bill, some draft clauses of the Bill were also consulted 7. Terrorism is
generally understood as those acts of violence which spread terror among the civilians and
civilian population. As far as the legal definition of terrorism is concerned, no comprehensive
and exhaustive definition has yet been adopted by the international community having consensus
upon it, but a number of international treaties and other international and regional instruments
have included certain acts which amount to terrorism. Iv 1994, the General Assemblys
Declaration on Measures to Eliminate International Terrorism, set out in its resolution 49/60, and
stated that terrorism includes criminal acts intended or calculated to provoke a state of terror in
the general public, a group of persons or particular persons for political purposes 8.
It is constantly being emphasized to adopt a comprehensive definition of terrorism and therefore

a separate convention on terrorism is recommended to be adopted. In this regard, the General
4
terrorism Fact Sheet No. 32,http://www.ohchr.org/Documents /Publications/Factsheet32EN.pdf, accessed on 10-09-
2011.
5
Ibid
6
The British Terrorism Act 2000
7
Counter-Terrorism Policy and Human Rights: Terrorism Bill and related matters, House of Lords House of
Commons Joint Committee on Human Rights, Third Report of Session 200506
8
Supra 2
4
Assembly is currently working towards the adoption of a comprehensive convention against

terrorism, which would complement the existing anti-terrorism conventions. Its draft Article 2,
contains a definition of terrorism which includes unlawfully and intentionally causing,
attempting or threatening to cause:
(a) death or serious bodily injury to any person; or
(b) serious damage to public or private property, including a place of public use, a State or
government facility, a public transportation system, an infrastructure facility or the environment;
or
(c) damage to property, places, facilities, or system, resulting or likely to result in major
economic loss, when the purpose of the conduct, by its nature or context, is to intimidate a
population, or to compel a Government or an international organization to do or abstain from
doing any act9.
Moreover, the United States Department of Defense has defined the notion of terrorism that it is
the calculated use of unlawful violence or threat of unlawful violence to inculcate fear; intended
to coerce or to intimidate governments or societies in the pursuit of goals that are generally
political, religious, or ideological10.
Is a global definition necessary or desirable?

First issue in defining terrorism arises when it is questioned that, is a global definition of
terrorism is desirable or not? Few states allege that if an exhaustive definition of terrorism is
adopted, it will restrict the state capacity to take action in several cases against terrorism 11.
Moreover, acts amounting to terrorism for a state may fall under the plea of self-defense for the
other, and these issues are the main problem in defining the terrorism.
9
Ibid
10
International Terrorism and Security Research, http://www.terrorism-research.com/, accessed on 15-11-2017
11
Talking about Terrorism Risks and Choices for Human Rights Organizations 2008 International Council on
Human Rights Policy, http://www.ichrp.org/files/reports/35/129_report_en.pdf
5
What is a terrorist act?
States have failed to frame any agreed and exhaustive definition of terrorism, although the term
has been used at various occasions governing international law since 1937. After September 11,
UN Security Council passed various resolutions regarding terrorism, and it was agreed that
states shall prevent and suppress the financing of terrorist acts and shall take necessary steps
to prevent the commission of terrorist acts. But the term has not been defined neither in this
resolution nor in any other document of the Security Council. Some of the acts have been
included in terrorism by some of these documents, for instance Article 2(1) of the Draft of the
United Nations on a Comprehensive Convention on International Terrorism provides that:-
1) Any person commits an offence within the meaning of this Convention if that person, by
any means, unlawfully and intentionally, causes:
(a) Death or serious bodily injury to any person; or
(b) Serious damage to public or private property, including a place of public use, a State
or government facility, a public transportation system, an infrastructure facility or the
environment; or
(c) Damage to property, places, facilities, or systems referred to in paragraph 1(b) of this
article, resulting or likely to result in major economic loss, when the purpose of the
conduct, by its nature or context, is to intimidate a population or to compel a Government
or an international organization to do or abstain from doing an act 12
A Terrorist Act has been defined in the following terms:- Terrorist Act A person is said to
commit a terrorist act if he,
(a) in order to, or if the effect of his actions will be to, strike terror or create a sense of fear and
insecurity in the people, or any section of the people, does any act or thing by using bombs,
dynamite or other explosive or inflammable substances, or such fire-arms or other lethal
weapons as may be notified, or poisons or noxious gases or chemicals, in such a manner as to
cause, or be likely to cause, the death of, or injury to, any person or persons, of the people; or
damage to, or destruction of, property on a large scale, or a widespread disruption of supplies of
12
Ibid
6
services essential to the life of the community, or threatens with the use of force public servants
in order to prevent them from discharging their lawful duties; or
(b) commits a scheduled offence, the effect of which will be, or be likely to be, to strike terror, or
create a sense of fear and insecurity in the people, or any section of the people, or to adversely
affect harmony among different sections of the people; or
(c) commits an act of gang rape, child molestation, or robbery coupled with rape as specified in
the Schedule to this Act; or (d) commits an act of civil commotion as specified in section 7A 13.
The impact of terrorism on human rights
There is no doubt that terrorism is a great violation and threat to human rights. It violates all the
provisions of all the international human rights and other instruments. Most importantly it
directly deprives a person from the enjoyment of fundamental human rights, for instance right to
life, which is the supreme human right as defined in the international convention on civil and
political rights and other human rights instruments, freedom, and rule of law. Moreover it
destabilizes the states and therefore anarchy and chaos spread in the society. Therefore all the
states are obliged to protect these human rights of the individuals from every danger and protect
them against the acts of terrorism by taking appropriate measures in this regard. Moreover in
addressing the problem of terrorism states must distinguish between acts of terrorism and general
criminal acts without which it is difficult to address the problem of terrorism and for that purpose
it is desirable to define terrorism first 14.
DIFFERENCE BETWEEN TERRORIST AND INSURGENT

A key difference is that an insurgency is a movement - a political effort with a specific aim.This
sets it apart from both guerilla warfare and terrorism, as they are both methods availableto pursue
the goals of the political movement.
13
Ibid
14
Office of the United Nations High Commissioner for Human Rights Human Rights, Terrorism and Counter
2017.
7
Another difference is the intent of the component activities and operations of insurgenciesversus
terrorism. There is nothing inherent in either insurgency or guerilla warfare thatrequires the use
of terror. While some of the more successful insurgencies and guerillacampaigns employed
terrorism and terror tactics, and some developed into conflicts whereterror tactics and terrorism
became predominant; there have been others that effectivelyrenounced the use of terrorism. The
deliberate choice to use terrorism considers itseffectiveness in inspiring further resistance,
destroying government efficiency, and mobilizing support. Although there are places where
terrorism, guerilla warfare, and criminal behavior all overlap, groups that are exclusively
terrorist, or subordinate "wings" of insurgencies formed to specifically employ terror tactics,
demonstrate clear differences in their objectives and operations. Disagreement on the costs of
using terror tactics, or whether terror operations are to be given primacy within the insurgency
campaign, have frequently led to the "urban guerilla" or terrorist wings of an insurgency
splintering off to pursue the revolutionary goal by their own methods .The ultimate goal of an
insurgency is to challenge the existing government for control of all or a portion of its territory,
or force political concessions in sharing political power. Insurgencies require the active or tacit
support of some portion of the population involved Terrorism does not attempt to challenge
government forces directly, but acts to change perceptions as to the effectiveness or legitimacy
of the government itself. This is done by ensuring the widest possible knowledge of the acts
of terrorist violence among the target audience. Rarely will terrorists attempt to "control" terrain,
as it ties them to identifiable locations and reduces their mobility and security. Terrorists as a
rule avoid direct confrontations with government forces. A guerilla force may have something to
gain from a clash with a government combat force, such as proving thatthey can effectively
challenge the military effectiveness of the government. A terrorist group has nothing to gain
from such a clash. This is not to say that they do not target military or security forces, but that
they will not engage in anything resembling a "fair fight", or even a "fight" at all. Terrorists use
methods that neutralize the strengths of conventional forces.Bombings and mortar attacks on
civilian targets where military or security personnel spend.
8
Terrorism and international humanitarian law

International Humanitarian Law (IHL), has been defined as the set of rules which is aimed to
solve the problems, and protect the lives of the innocent people during an international or
national/domestic armed conflict15. The fundamental goal of International humanitarian law
(IHL) is to protect persons and their human rights in an armed conflict and reduce sufferings.
IHL contains rules to be adopted during an armed conflict to achieve this end, which are
contained in the four Geneva Conventions and their two Additional Protocols, as well as a
number of other international instruments aimed at reducing human suffering in armed conflict.
Some of these rules are now considered to be part of customary international law 16.
Terrorism and international criminal law

In the last few years a number of conventions have been adopted to suppress the acts of
terrorism, which have laid down many obligations upon the states to take appropriate measures
in this regard and provide legal assistance in this regard working on the principle of aut dedere
aut judicare or extradite or prosecute17. The relationship between human rights law and
international criminal law is very much helpful in the enforcement of human rights, and a
number of individuals including organizations and states have been prosecuted and punished for
their alleged violations of international human rights and international humanitarian law
Terrorism and international refugee law

International refugee law provides protection to the refugees who migrate from the effects of
hostilities or on other basis set forth and defined in the refugee convention of 1951. States
obligations have been determined in this regard which must be observed even during combat
against terrorism18.
15
International Humanitarian Law and International Human Rights Law: Similarities and differences,
http://www.ehl.icrc.org/images/resources/pdf/i hl_and_ihrl.pdf, accessed on 15-11-2017.
16
2017.
17
Ibid
18
Ibid
9
The Protection of Human Rights while Countering

Terrorism
The issue of terrorism has become more prominent particularly after 9/11 attacks On World
Trade Centre in United States and the December 13 2001 attacks On the Indian Parliament. Acts
of terrorism and non state actors became a big threat for the World. But at times human rights
and their protection becomes a big problem in facing as well as countering terrorism 19. As we
have noticed that the acts of terrorism are injurious for the society, in the same way sometimes
acts to combat terrorism become so. Under international law all the sates are bound to take
effective measures against terrorism, but in doing so human rights of every society and
individual must be protected in the best possible manner because both, taking effective measures
against terrorism and protection of human rights are objectives of international and must not
supersede each other20.
The central role of human rights and State obligations when

countering terrorism
After the adoption of the United Nations Global Counter-Terrorism Strategy by the General
Assembly in its resolution 60/288 the World community has started adopting measures towards
the protection of human rights in the fight against terrorism. They have pledged to ensure that all
the measures being taken in the fight against terrorism are in accordance with their general
obligations under international law. This was further discussed in the World Summit Outcome,
adopted by the General Assembly in 2005, and respect of human rights during fight against
terrorism was emphasized, and particularly human rights relevant to refugee law, international
criminal law and international humanitarian law21. At the domestic level one may criticize the
other states, but at the international level it is rarely seen that human rights abuses committed by
a state outside its own territory are criticized or noticed by the international community. But in
the present scenario certain rules have been developed under which concept of state
19
Wilder Tayler, Notes on the Human Rights Movement and the Issue of Terrorism, International Council on
Human Rights Policy, 2005, http://www.ichrp.org/files/papers/78/129_-_Notes_on_the_Human_Rights
Movement_and_the_Issue_of_Terrorism_Tayler__Wilder__2005.pdf, accessed on 20-11-2017
20
terrorism Fact Sheet No. 32, http://www.ohchr.org/Documents/Publications/Factsheet32EN.pdf, accessed on 20-11-
2017.
21
Ibid
10
responsibility has been realized22. At various occasions Security Council also criticized states on
promoting terrorism23. Moreover recently at times action has been taken against various states,
organizations, and even individuals who were alleged to have violated human rights.
The flexibility of human rights law after 13th December 2001, although the India has taken steps
against terrorism, but Indian administration failed to understand that in what manner
international law can be applied to the situation24. Therefore on the one hand where to fight
terrorism is an obligation under international law in the same way respect and to ensure of the
protection of human rights is also an equal obligation of the states under international human
rights law25.
CONSTITUTIONAL MANDATE OF BASIC RIGHTS

The Constitution of India was adopted on November 26, 1949 but did not come into force
immediately on that day. According to Article 394 of the Constitution, the whole of the
Constitution except Articles 5, 6, 7, 8, 9, 60, 366, 367, 380, 388, 392 and 393 (which came into
force at once), came into force on January 26, 1950 which day is referred as the commencement
of the Constitution. It is rather surprising that although before the adoption of Indian
Constitution. U.N. Charter had been adopted at San Francisco on June 25, 1945 and came into
force on October 24, 1945, India being a country that signed and ratified the Charter. United
Nations Assembly On 10 December, 1948; the U.N. Commission on Human Rights had been
established by the Economic and Social Council in February 1946 as the nearest approach to
permanent on achieving for the supervision of the problem of protection of human rights1 of
human right and the Commission had been directed to prepare, inter alia, recommendation and
reports on an International Bill of Human Rights yet in the whole Constitution of India the term
human rights does not find mention even once. Preamble- however one may argue that what is
22
Wilder Tayler, Notes on the Human Rights Movement and the Issue of Terrorism, International Council on
Human Rights Policy, 2005, http://www.ichrp.org/files/papers/78/129_-_Notes_on_the_Human_Rights
_Movement_and_the_Issue_of_Terrorism_Tayler__Wilder__2005.pdf, accessed on 20-11-2017.
23
Terrorism and international law: Challenges and responses, http://www.iihl.org/iihl/Album/terrorism-law.pdf,
accessed on 25-11-2017.
24
2017.
25
Ibid
11
in the name of the term. What is really material is whether Indian Constitution was recognized
and given effect, to human rights? The answer is not only in affirmative and positive but it may
be added that Indian Constitution is credited with not only giving effect to human rights but has
also made them enforceable long before the adoption of International Convention for the
Protection of Human Rights and Fundamental Freedoms (1950) which came into force on
September 3, 1953.
Thus even though there is no express mention of the term human rights in the Constitution, the
Constitution of India has incorporated human rights in a big way in the form of Fundamental
Rights and Directive Principles of State Policy. While the former incorporates civil and political
rights, the latter incorporates the economic, social and cultural rights. The Indian Constitution
bears the impact of the Universal Declaration of Human Rights and this has been recognized by
the Supreme Court of India. While referring to the Fundamental Rights contained in Part III of
the Constitution, Sikri, C.J., of the Supreme Court. In Kesavananda Bharti v. State of Kerla26
observed: I am unable to hold these provisions show that rights are not natural or inalienable
rights. As a matter of fact, India was a party to the Universal Declaration of Rights.....and that
Declaration describes some fundamental rights as inalienable.
The Supreme Court has also recognized the interpretative value of the Universal Declaration of
Human Rights.10 The Universal Declaration of Human Rights does not define the term human
rights. It refers them as the equal and alienable rights of all members of the human family.
The framers of the Indian Constitution were influenced by the concept of human rights and
guaranteed most of human rights in the Universal Declaration. The Universal Declaration of
Human Rights contained civil and political as well as economic, social and cultural rights. While
Civil and Political rights have been incorporated in Part III of Indian Constitution, economic,
social and cultural rights have been incorporated in Part IV of the Constitution. The following
chart is being given below to indicate the human rights which have been incorporated in Indian
Constitution.
26
AIR 1973 SC 1461, 1536
12
HUMAN RIGHTS OF INNOCENT CITIZENS IN THE TERRORIST

ACT
There has been a brewing consciousness mast citizens all over the world against violation of
human rights. Strong national and international moment heavy mast full stop it goes without
saying that human rights of citizens akon competent unknown negotiable. No compromise with
violations of the same is permit evil in any civil eyes society, respective of religion, race, caste,
sex, language, or economic level of living. It is a reality that cult of terrorism strikes at the very
rude of human rights of innocent people and tourism and human rights are natural enemy with no
possibility of their co existence. The ruthless, barbaric, inhuman clean of innocent people is
carried out whether the rest because you're not only to calendar thor radio the government but
also to put the security and 780 of the country in jio pardes and bring comma and perpetual grief
to the families post office from sach feelings weather they are innocent young children, elderly
men, women. The very right to life of the innocent people is the target of terrorism.
The world conference Viana 1983 where's significant landmark in recognising terrorism as a
threat to human rights it stated that:
That's methods and practices of terrorism in all its mom and manifestation for
activities in and the destruction of human rights. Day international community should take the
necessary steps to enhance corporation to prevent and kombat terrorism.
There is indeed a clear and in frederick relationship between national security and freedom of the
individual, who compromise the state. The supreme court comprehend in the terrorist act under
section 15 of the Unlawful activities prevention Act, 1967 in Md. Ajmal Amir Kasabs27 case
hell that:
Terrorist act and an act of waiging war against the government of india may have some
overlapping features International terrorism is a modern form of warfare against legal democracy
and gold of these terrorist is to destroy the fabric of democracy and it could be wrong for any
democratic estate to consider international terrorism to be someone else's problem, rather it is a
collective problem and we must unite to condemn and combat it.
It is a strange paradox dad while on one hand comma higher and better international human
rights and human italian standards have awards over the past 5 to 6 decades,on the other hand
conflict and newer form of terrorism which threatens human rights of the people across the world
27
(2012) 9 SCC 1
13
are on the rise and becoming more and more dangerous. once also find Resort to the use of more
and more deadly year and Lethal weapons, daily deliberate targeting of innocent civilians, forced
starvation of civilians and Resort to rape and other sexual assaults, besides taking hostages etc
.scientific and technological development are being flagrantly exploited by the tourist full stop
what is a matter of serious concern is the existence of transnational networks of terrorist
organizations, which have a Nexus with the arms and drug traffickers and crime syndicates.
Human Rights : if fertile ground for breeding terrorism

when we go to the root cause of terrorism, we find that systematic human rights violations for
long period of time are often the cause of conflicts and Terrorism.terrorism vis-a-vis women
rights on the face of it appears to be directly across each other, but , in fact terrorism, the ugliest
form of mankind( Human Behaviour) , is the outcome of deprivation of Civil and political rights
and manifestation of social, economic and political injustices. Thus, when there is tyranny and
widespread neglect of of human rights and people are denied hope of their butyl better future, it
becomes a fertile ground for breeding terrorism.
Democratic States, encounter terrorist affairs, to adhere to rule

of law and respect basics you cry human rights to deal with the
menace of terrorist acts
the counter terrorism efforts of a state route, under any circumstances, stand with rule of law,
human rights and procedure established by law.it may also be true that every send terrorist
groups, which are, without any doubt, always guilty of gross Human Rights abuses, and may not
be the security forces (barring exceptional cases), which are often maligned by gullible Medi a
and motivated activities. As a former us Senator, Henry Jackson wrote, .... It is a disgrace that
democracy would allow the Treasured word freedom to be associated with acts of terrorists.
Human Rights violations by the state and its Agencies may be identified at various stages such as
during Cordon and operations, during in contest, during detention and integrations, during
prosecution in judicial proceedings. A speedy trial is an important objective to achieve to ensure
that the guilty are punished on time and The Innocent are not left awaiting justice.
Some of the important legislations that have been used for regulating terrorism and concern
activities such a terrorist and disruptive activities bracket (prevention) close at, 1985 commonly
known as TADA 1985 - repealed), Terrorist and disruptive activities (prevention) Act, 1987
14
(commonly known as starte 1987 - repealed); prevention of terrorist Act, 2002 (commonly
known as POTA- repealed), Jai Maharashtra control of organised crimes Act, 1999 (State Law);
apart from the present existing law, Unlawful activities (Prevention) Act 1967 and national
security Act,1980. The Human Rights violations committed under anti terrorism law have been
brought to the forefront both by the Judiciary and National Human Rights Commission's
(NHRC) full stop the constitutionality of Tara 1987 in Kartar Singh vs State of Punjab28 where
the apex court proceeded to temper certain provisions of Tata 1987 so as to bring them within
reasonable bounds and to introduce requested safeguards against abuse full stop the offence of
abatement of terrorist act under the under the den existing law would require the ingredient of
intention on Knowledge full stop the offence of position of a specified arms and ammunitions
was found to be harsh and in order to save it from Harbour Terminus, the court held that it shall
be invoked only where permission was connected with the use their of although the entire status
was not held ultra vires to the constitution on the Adams on that those interested with such
draconic statutory Powers Act in good faith and for the public good full stop the supreme court
also observed that the parliament is competent to INR at the said act under article 248 r/w list I
entry 97 and not wire by List II Entry 1 of schedule VII to the to the constitution of India.
After Kartar Singh, validity of TADA was again challenge in RM Tiwari versus state29 and in
spite of close close monitoring of the use of Tada, 1987 by the court the review committee
complaint of its gross abuse continued to be raised by various quarters, wear under the
circumstances of the case Dakota feel the constitutionality of TADA, 1987.
Over a period of time, India continues to face the scourge of terrorism. Accordingly, the
prevention of terrorism Act, 2002 (commonly called as POTA) was enacted to make the
provisions for the prevention of and for dealing with terrorist activities in the face of multifarious
challenges in the management of internal security of the country and cross border terrorist
activities and insurgent Groups full stop again the validity of some of the provisions of water war
challenge in People's Union for Civil liberties and another vs Union of India 30 and under
circumstances of the case, the apex court has to maintain that Delicate balance between the state
arts and Human Rights upholding the constitutional validity of the Act.
28
1994 (3) SCC 569
29
1996 (2) SCC 610
30
(2004) 9 SCC 580
15
In Devendra Pal Singh versus N.C.T of Delhi31 when 9 persons had died and several others
injured on account of terrorist act and the apex court under the circumstances of the case said
that such terrorist have no respect for human life and this would be given death sentence.
Inna much talked about case of Sanjay Dutt vs State of Maharashtra32 the supreme court
recently I feel the conviction for passing the arms possessing the arms and ammunitions under
the arms act 1959 and not under Section 5 of Tata further in the case of Vaiko versus Union of
India (Madras High Court) Vaiko was arrested under Section 21 of POTA (offence relating to
support to a terrorist organisation) on the basis of certain remarks.later on the trial proceedings at
Chennai was challenge on the ground that the central POTA review committee had found that no
case was made out against them. the Madras High Court upheld that it was for the public
prosecutor to independently apply to the matter and take a decision to withdraw the case on the
basis of the report of the central POTA review committee and, accordingly, dismissed the writ
petition seeking a direction to Tamil Nadu Government to withdraw the case.
When we go through the provisions of anti terrorism law of other countries, we find that British
law has an exclusive chapter on banning terrorist organisations and after banning a terrorist
organisation, membership of a terrorist organisation, ipso facto, becomes a punishable act.
Some of the important provisions of the POTA viz. Section 4 (possession of certain unauthorised
arms), Section 7 (powers of investigating officers), Section 21 (offences relating to support given
to a terrorist organisation), section 22 (fundraising for a terrorist organisation to be an offence),
section 27 (power to direct samples etc), Section 32 (certain confessions Made to police officers
taking into consideration), section 45 (admissibility of evidence collected through the
interception of commission; bail provisions etc. Has been a matter of analysing their
compatibility with respect to basic tenets of Human Rights in implementing these provisions of
the act by Supreme Court in a number of cases such as S Srinivas vs MS Deccan petroleum
Ltd33, Devendra Pal Singh vs NCT of Delhi34, State NCT of Delhi Vs Navjot Sandhu @ afsan
Guru35 popularly known as Afzal Guru case and the fundamental principles of criminal
jurisprudence have been preserved by the court even in the trial of cases under the special apps in
31
(2002) 5 SCC 234
32
JT 2013 (5) SC 1
33
2001 Cr.L.J 659
34
(2002) 5 SCC 234
35
(2005) 11 SCC 600
16
acted for the offences of terrorism ultimately on September 17 2004 controversial anti-terrorism
act POTA, 2002 was repealed and consequently, the unlawful activities prevention act, 1967 was
amended where, inter alia, definition of unlawful Association has been expanded to also to
include any Association, which has for its object any activity which is punishable under section
153 of the Indian Penal Code, or which encourages or AIDS persons to undertake any such
activity, all of which the members undertake any such activity. Section 153A of the Indian penal
code is about promoting enmity between different groups on Grounds of religion, race ,place of
work ,residence, language etc.
As regards the law of pertaining to terrorism in India apart from the most significant piece of
legislation (TADA, POTA and UAPA Act), the credits of India's policy towards combating
terrorism estate that Indian panel code probably the oldest legislation prevailing in India and one
of the most fundamental of fences has in all like Beijing, attempting conspiring to wage war
against the government, adding the escape of a state prison or a Prisoner Of War or instigating
others to Rebel against the state, sedition etc.
IMPACT OF TERRORISM ON HUMAN RIGHTS

In 1994 Supreme Court of India, drew a distinction between a merely criminal act and terrorist
act in its judgements Hitendra Vishnu Thakur v. State of Maharashtra23 and in short
...........It may be possible to describe it (Terrorism) as use of violence with a view to disturb
even tempo, peace and tranquillity of the society and create a sense of fear and insecurity.
the terrorism is recognised as an assault on a civilized society and law required is to entrust the
law enforcing agencies with extraordinary powers to meet what is genuinely perceived as an
extra ordinary situation of crime (terrorism) and further, at the same time law is to ensure Human
Rights at three distinguished stages to take measures to combat terrorism by Protection of
Human Rights, Preservation of Human Rights and Promotion of Human Rights.
a) Protection of Human Rights of the victims innocent people who are brutally killed or
victimized in a terrorist act;
17
b) Preservation of Human Rights of terrorists in legal and judicial proceedings beginning from
cordon/ search operation, encounters, firing in crowded areas, registration of case, detention,
interrogation, investigation, charge-sheet, trial, punishment etc.
c) Promotion of Human Rights to eliminate the root cause of terrorism by ensuring basic
human rights including liberty, dignity, education, health, employment, i.e., inclusive growth
i.e. participation of every and each citizen of the country in the progress and development of
country.
The destructive impact of terrorism on human rights and security has been recognised at the
highest level of the United Nations, notably by the Security Council, the General Assembly, the
former Commission on Human Rights and the new Human Rights Council 36. Specifically,
Member States have set out that terrorism:
(i) threatens the dignity and security of human beings everywhere, endangers or takes innocent
lives, creates an environment that destroys the freedom from fear of the people, jeopardizes
fundamental freedoms and aims at the destruction of human rights;
(ii) has an adverse effect on the establishment of the rule of law, undermines pluralistic civil
society, aims at the destruction of the democratic bases of society and destabilizes legitimately
constituted Governments;
(iii) has links with transnational organised crime, drug trafficking, money laundering and
trafficking in arms, as well as illegal transfers of nuclear, chemicals and biological materials, and
is linked to the consequent commission of serious crimes such as murder, extortion, kidnapping,
assault, hostage-taking and robbery;
(iv) has adverse consequences for the economic and social development of States, jeopardizes
friendly relations among States, and has a pernicious impact on relations of cooperation among
States, including cooperation for development; and
(v) Threatens the territorial integrity and security of States, constitutes a grave violation of the
purpose and principles of the United Nations, is a threat to international peace; and Security, and
36
Complaint Procedures (Rev.1)
18
must be suppressed as an essential element for the maintenance of international peace and
security.
D.K.Basu v. State of West Bengal37 that: State terrorism is no answer to combat terrorism. State
terrorism would only provide legitimacy to terrorism: that would only be bad for the state, the
community and above all the Rule of Law. The State must, therefore, ensure that the various
agencies deployed by it for combating terrorism act within the bounds of law and not become
law unto them.
In Kartar Singh v. State of Punjab38 the Supreme Court in this case expressed serious concern
about the sheer misuse and abuse of the act by the police and made an attempt to infuse human
rights by devising certain guidelines to ensure that confessions obtained during pre indictment
interrogations is in conformity with human rights principles which the court went on to elucidate
the same in the case of Shaheen Welfare Association v. Union Of India39, wherein it was
elucidated that the rights under article 21 should be strictly adhered. Observing the at times,
innocent people had to languish in jail for long periods due to stringent bail requirements, the
court stated that it causes irreparable damage to innocent persons who have been wrongly
accused of crimes and are ultimately acquitted but have to remain in jail for sustained periods
due to stringent bail provisions in TADA.
37
AIR 1997 SC 610
38
Supra 28
39
(1996) 2 SCC 616
19
CONCLUSION
The universal declaration of Human Rights 1948, inter alia, provided categorical provisions for
the preservation of basic human rights to be followed in the administration of criminal justice
vide a Article 10 and Article 11.
There have been consistent call us for more lost to combat the terrorism, even though there is
already a plethora of laws in India including the general and traditional law Indian Penal Code,
The Unlawful Activities Prevention Act 1967, The Criminal Law Amendment Act, The National
Securities Act 1980, State Enacted Laws, like the Maharashtra Control of Organised Crime Act
1999etc.
The only need is to implement these provisions effectively humanly and sceintific Ali to contain
the terrorism. Further domestic and international Human Rights, non-governmental organisation
and useful intervention by the Supreme Court of India various high courts the national human
right commission and State Human Right Commission sir their to contain the human right abuses
if any committed by law enforcement officials under these provisions of law.
Therefore, the present scenario of increasing terrorist design, demands that there has to be a well
formulated plans to defeat the ever increasing threats about the existence of an individual.
20
REFRENCES
BOOKS
a) wright Lawrence,the looming light,2010,pg no-3206.

b) Ballen ken,terrorists in love:the real lives of islam
c) Clarke, Richard A : Against all enemies. ( Free Press, New York,2004) (NHRC
LIB)8.Dewan, Vijay Kumar:Law relating to terrorists (Capital Law House,Delhi,
1993) (NHRC LIB)
WEBSITE
d) http///:terroreffect.com.www
e) kumar amerash,http//:terrorresearch.com.www
f) http///:vakilno1.in.www
g) http///:jurisonline.in.www
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PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November

TERRORISM AND INSURGENCY IN INDIA 20, 2017

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a) wright Lawrence,the looming light,2010,pg no-3206.

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